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CR.MA/9855/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9855 of 2010
=========================================================
SUMARABHAI
MALABHAI BANDHIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
PP MAJMUDAR for
Applicant(s) : 1,
MS MINI NAIR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 13/09/2010
ORAL
ORDER
1. Present
application has been filed by the applicant for grant of regular bail
under Section 439 of Cr.P.C. after the charge-sheet is filed.
2. The
applicant accused is charged with having committed offences under
Sections 306, 365, 506(2) & 114 of the Indian Penal Code for
which F.I.R. being CR No.I-28/2010 has been registered with Katargam
Police Station, District Surat.
3. Learned
Advocate Mr. Majmudar referred to the FIR and submitted that no role
has been attributed to the applicant and he has been falsely
implicated in the alleged offence. He has also submitted that the
other co-accused has been released as per the order passed by this
Court (Coram: Hon’ble Mr. Justice Z.K.Saiyed) in Criminal Misc.
Application No. 8413 of 2010 on 11.08.2010 and therefore the present
application may be allowed.
4. Learned
A.P.P. Ms. Mini Nair resisted the application.
5. Having
heard the learned Advocate Mr. Majmudar and learned A.P.P. having
regard to the nature of offence and the role attributed and
considering the fact that the other co-accused has been released, the
present application deserves to be allowed subject to the conditions
hereinafter.
6. Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with the F.I.R. being CR
No.I-28/2010 registered with Katargam Police Station, District
Surat, on his executing a bond of Rs.5,000/- (Rupees Five Thousand)
with one solvent surety of the like amount to the satisfaction of
the lower Court and subject to the conditions that he shall:
(a) not
take undue advantage of his liberty or abuse his liberty.
(b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate with the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every month of English calender between 11:00 AM to 2:00 PM till
the trial commences;
(f) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(g) surrender
his passport, if any, to the lower Court, within a week.
7. If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
8. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
jani
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